Chap. 483
the board pursuant to the declaration of Trust, are ratified, validated and confirmed
insofar as any of these actions may have been invalid by reason of the prior
invalidity of the ordinance, declaration of Trust or procedures followed by the
board.
SECTION 13. This act shall take effect upon its passage.
Approved December 31, 1991.
Chapter 483.
AN ACT RELATIVE TO THE INITIATIVE LAW FOR POLITICAL PARTIES AND CANDIDATES.
Be it enacted, etc., as follows:
SECTION 1. The definition of "Political designation" in section 1 of chapter 50
of the General Laws, as appearing in the 1990 Official Edition, is hereby amended
by adding the following two sentences-.- Certificates showing that each of the
signers of said request is a registered voter at the stated address, signed by the city
or town clerk shall accompany the petition. Any such request filed before
December first in the year of a biennial state election shall not be effective until said
December first.
SECTION 2. The definition of "Political party" in said section 1 of said chapter
50, as so appearing, is hereby amended by striking out the first sentence and
inserting in place thereof the following sentence:- "Political party" shall apply to
a party which at the preceding biennial state election polled for any office to be
filled by all the voters of the commonwealth at least three percent of the entire vote
cast in the commonwealth for such office, or which shall have enrolled, according
to the first count submitted under section thirty-eight A of chapter fifty-three, a
number of voters with its political designation equal to or greater than one percent
of the entire number of voters registered in the commonwealth according to said
count.
SECTION 3. Chapter 51 of the General Laws is hereby amended by striking out
section 36, as so appearing, and inserting in place thereof the following section:Section 36. The registrars shall prepare in sufficient quantity blank forms for
affidavits of registration which shall be in substantially the following form:
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AFFIDAVIT OF REGISTRATION
(PLFASE PRINT)
NAME (LAST NAME FIRST)
RESIDENCE (ADDRESS)
CITY OR TOWN
RESIDENCE JANUARY 1, (IF DIFFERENT FORM ABOVE)
LAST PREVIOUS RESIDENCE IN ANOTHER CITY OR TOWN, IF ANY:
(STREET ADDRESS)
(City or Town)
(State)
(Zip)
NAME YOU USED AT THIS RESIDENCE
(IF DIFFERENT FROM ABOVE):
DATE OF BIRTH
PLACE OF BIRTH
BIRTH
U.S. CITIZENSHIP _
NATURALIZED
OCCUPATION
DO YOU WISH TO ENROLL IN A POLITICAL PARTY OR DESIGNATION?
(List here the names of all present political parties, each followed by a box
which the registrant may check)
POLITICAL DESIGNATION:
PLEASE READ CAREFULLY
I hereby swear (affirm) that I am the person named above, that the above
information is true, that I am a citizen of the United States, that I am not a person
under guardianship, that I am not temporarily or permanently disqualified by law
from voting because of corrupt practices in respect to elections, and that I consider
this residence to be my home.
Signed under the pains
and penalties of perjury.
WITNESS
TITLE
DATE
A copy of this document may be forwarded to the department of revenue and
registry of motor vehicles.
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In completing an affidavit of registration, a person shall enter thereon his name
written in full, or instead thereof the surname and first Christian name or that name
by which he is generally known, written in full, and the initial of every other name
which he may have. A person who has chosen to retain his own surname at
marriage shall enter that surname on the affidavit of registration.
The state secretary shall provide bilingual, English-Spanish copies of the
affidavit of registration to city and town clerks, registrars of voters and election
commissioners, who shall provide such bilingual forms to Spanish-speaking
applicants.
Local officials shall make copies of said affidavit available to the department of
revenue and the registry of motor vehicles of all executed affidavits.
SECTION 4. Section 44 of said chapter 51, as so appearing, is hereby amended
by inserting after the word "party", in line 8, the following words:- or political
designation.
SECTION 5. Section 2 of chapter 53 of the General Laws, as so appearing, is
hereby amended by striking out the first sentence and inserting in place thereof the
following sentence:- Except in the case of municipal nominations where a city
charter or a law applying to a particular town otherwise provides and in the case
of nominations to regional district school committees elected district-wide,
candidates of political parties for all elective offices, except presidential elector,
shall be nominated and members of political committees, except as provided in
sections one and four of chapter fifty-two, shall be elected in primaries or caucuses;
provided, however, that the state secretary shall not conduct presidential and state
primaries in any biennial state election year for a political party which has enrolled
fewer than five percent of the total number of registered voters in the commonwealth as of the most recent count submitted to the state secretary under section
thirty-eight A, and whose state committee files with the state secretary a writing so
requesting, not later than August first preceding a year in which a presidential
primary is to occur and otherwise not later than February first of the year of the
biennial state election.
SECTION 6. The first paragraph of section 6 of said chapter 53, as so appearing,
is hereby amended by striking out the first and second sentences and inserting in
place thereof the following sentence:- Nominations of candidates for any offices
to be filled at a state election may be made by nomination papers, stating the facts
required by section eight and signed in the aggregate by not less than the following
number of voters: for governor and lieutenant governor, attorney general, United
States senator, and presidential electors, ten thousand; for state secretary, state
treasurer, and state auditor, five thousand; for representative in congress, two
thousand; for state senator, three hundred; for state representative, one hundred
and fifty; for councillor, district attorney, clerk of courts, register of probate, register
of deeds, county commissioner, sheriff, and county treasurer, one thousand, except
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for clerk of courts, register of probate, register of deeds, county commissioner,
sheriff, and county treasurer, in Barnstable, Berkshire, Franklin, and Hampshire
counties, five hundred, and for any such offices in Dukes and Nantucket counties,
twenty-five.
SECTION 7. The first paragraph of section 7 of said chapter 53, as so appearing,
is hereby amended by striking out, in lines 3 and 4, the words "living with street
and number, if any, and his or her address on January first preceding, if different"
and inserting in place thereof the following word:- registered.
SECTION 8. Section 32 of said chapter 53, as so appearing, is hereby amended
by inserting after the first sentence the following sentence:- Notwithstanding the
provisions of section forty-five of chapter fifty-four or any other general or special
law to the contrary, the state secretary may provide only paper ballots for a state
or presidential primary in a city or town where a political party has enrolled fewer
than five percent of the total number of registered voters, as of the most recent
count submitted to the state secretary under section thirty-eight A before the
decision to prepare said ballots must be made.
SECTION 9. Said chapter 53 is hereby further amended by striking out section
38A, as so appearing, and inserting in place thereof the following section:Section 38A. The board of registrars of voters of every city or town shall submit
to the state secretary a count for each precinct of the number of voters enrolled in
each political party and each political designation and the number of unenrolled
voters. The count shall be correct as of the last day to register voters under section
twenty-six of chapter fifty-one before every regular state and presidential primary
and biennial state election, and in an even-numbered year in which no presidential
primary is held, also as of February first. The secretary shall receive the count in
writing not later than ten days after each such date, and shall issue a report thereof.
Emergency Letter.- January 6, 1992 @ 4:49 PM. Approved December 31, 1991.
Chapter 484.
AN ACT RELATIVE TO OWNERSHIP RIGHTS OF CERTAIN
HEALTH CARE FACILITIES.
Be it enacted, etc., as follows:
SECTION 1. Chapter 112 of the General Laws is hereby amended by striking
out section 12AA, as appearing in the 1990 Official Edition, and inserting in place
thereof the following section:Section 12AA. Any person registered or licensed pursuant to this chapter who
refers a patient for physical therapy services to any partnership, corporation, firm
or other legal entity in which the registered or licensed person has a financial
ownership interest shall disclose such interest to the patient and shall inform the
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